By:  Barrientos                                       S.C.R. No. 90
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, American Health Advisors, Inc., alleges that:
    1-2        (1)  The University of Texas System, on or about August 13,
    1-3  1990, entered into a Confidential Disclosure Agreement with
    1-4  American Health Advisors, Inc. to prevent unauthorized
    1-5  dissemination or use of its knowledge and information made
    1-6  available to components of the University of Texas System,
    1-7  including the University of Texas Health Science Center at Tyler,
    1-8  the University of Texas Medical Branch at Galveston, and the
    1-9  University of Texas M.D. Anderson Cancer Center.
   1-10        (2)  The University of Texas Medical Branch at Galveston, on
   1-11  or about August 22, 1990, entered into a Confidential Disclosure
   1-12  Agreement with American Health Advisors, Inc.
   1-13        (3)  The University of Texas Health Science Center at Tyler,
   1-14  on or about October 18, 1990, entered into a Confidential
   1-15  Disclosure Agreement with American Health Advisors, Inc.
   1-16        (4)  The University of Texas M.D. Anderson Cancer Center, on
   1-17  or about November 25-26, 1990, entered into a Confidential
   1-18  Disclosure Agreement with American Health Advisors, Inc.
   1-19        (5)  On or about September 11, 1990, the University of Texas
   1-20  Medical Branch at Galveston signed and accepted an engagement
   1-21  contract with American Health Advisors, Inc. by which American
   1-22  Health Advisors agreed, in return for compensation described in
   1-23  contractual agreements to perform services in the submission of an
    2-1  eligibility application according to an "Approach and Workplan," in
    2-2  order to maximize UTMB's receipt of certain federal funds.  Similar
    2-3  engagement contracts were accepted and signed by the University of
    2-4  Texas Health Science Center at Tyler on October 24, 1990, and the
    2-5  University of Texas M.D. Anderson Cancer Center on November 28,
    2-6  1990.
    2-7        (6)  American Health Advisors, Inc. performed all of its
    2-8  obligations under the Confidentiality Agreements and letter of
    2-9  engagement contracts described above.
   2-10        (7)  The University of Texas System, the University of Texas
   2-11  Health Science Center at Tyler, the University of Texas Medical
   2-12  Branch at Galveston, and the University of Texas M.D. Anderson
   2-13  Cancer Center have profited from consulting services, proprietary
   2-14  information and work product which they willingly received from
   2-15  American Health Advisors Inc. pursuant to the Confidentiality
   2-16  Agreement and letter of engagement contracts described above but
   2-17  each of these components of the University of Texas System have
   2-18  refused to honor their obligations under those agreements and
   2-19  contracts, and indeed have breached and repudiated those contracts.
   2-20        (8)  American Health Advisors, Inc. is entitled to
   2-21  compensation for the financial damage suffered as a result of
   2-22  default by the University of Texas System, the University of Texas
   2-23  Health Science Center at Tyler, the University of Texas Medical
   2-24  Branch at Galveston, and the University of Texas M.D. Anderson
   2-25  Cancer Center under the above described Confidentiality Agreement
    3-1  and letter of engagement contracts; now, therefore be it
    3-2        RESOLVED, by the Legislature of the State of Texas, That
    3-3  American Health Advisors, Inc. is granted permission to sue the
    3-4  State of Texas, and the University of Texas System, the University
    3-5  of Texas Health Science Center at Tyler, the University of Texas
    3-6  Medical Branch at Galveston, the University of Texas M.D. Anderson
    3-7  Cancer Center and those acting on behalf of such components of the
    3-8  University of Texas System as agents and employees thereof, subject
    3-9  to Chapter 107, Civil Practice and Remedies Code; and be it further
   3-10        RESOLVED, That the Chancellor of the University of Texas
   3-11  System be served process as provided by Section 107.002(a)(3),
   3-12  Civil Practice and Remedies Code.